63-9-11.
(1) It is a misdemeanor for any
person to violate any of the provisions of Chapter 3, 5 or 7 of this title,
unless such violation is by such chapters or other law of this state declared
to be a felony.

(2)
Every person convicted of a misdemeanor for a violation of any of the
provisions of such chapters for which another penalty is not provided shall for
first conviction thereof be punished by a fine of not more than One Hundred
Dollars ($100.00) or by imprisonment for not more than ten (10) days; for a
second such conviction within one (1) year thereafter such person shall be
punished by a fine of not more than Two Hundred Dollars ($200.00) or by
imprisonment for not more than twenty (20) days or by both such fine and
imprisonment; upon a third or subsequent conviction within one (1) year after
the first conviction such person shall be punished by a fine of not more than
Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6)
months or by both such fine and imprisonment.

(3)
(a) Whenever a person not
covered under Section 63-1-55 is charged with a misdemeanor violation of any of
the provisions of Chapter 3, 5 or 7 of this title, the person shall be eligible
to participate in not less than four (4) hours of a traffic safety violator
course and thereby have no record of the violation on the person's driving
record if the person meets all the following conditions:

(i) The defendant has a valid Mississippi driver's license or permit.

(ii) The defendant has not had a conviction of a violation under Chapter 3, 5 or 7 of this
title within three (3) years before the current offense; any conviction entered
before October 1, 2002, does not constitute a prior offense for the purposes of
this subsection (3).

(iii) The defendant's public and nonpublic driving record as maintained
by the Department of Public Safety does not indicate successful completion of a
traffic safety violator course under this section in the three-year period
before the offense.

(iv) The defendant files an affidavit with the court stating that this
is the defendant's first conviction in more than three (3) years or since
October 1, 2002, whichever is the lesser period of time; the defendant is not
in the process of taking a course under this section; and the defendant has not
completed a course under this section that is not yet reflected on the
defendant's public or nonpublic driving record.

(v) The offense charged is for a misdemeanor offense under Chapter 3,
5 or 7 of this title.

(vi) The defendant pays the applicable fine, costs and any assessments
required by law to be paid upon conviction of such an offense.

(vii) The defendant pays to the court an additional fee of Ten Dollars
($10.00) to elect to proceed under the provisions of this subsection (3).

(b)
(i) 1. An eligible defendant may enter a plea of nolo contendere or
guilty in person or in writing and present to the court, in person or by mail
postmarked on or before the appearance date on the citation, an oral or written
request to participate in a course under this subsection (3).

2. The court shall withhold acceptance of the plea and defer
sentencing in order to allow the eligible defendant ninety (90) days to
successfully complete not less than four (4) hours of a court-approved traffic
safety violator course at the cost of the defendant. Upon proof of successful completion entered with the court, the
court shall dismiss the prosecution and direct that the case be closed. The only record maintained thereafter shall
be the nonpublic record required under Section 63-9-17 solely for use by the
courts in determining eligibility under this subsection (3).

(ii) If a person pleads not guilty to a misdemeanor offense under any
of the provisions of Chapter 3, 5 or 7 of this title but is convicted, and the
person meets all the requirements under paragraph (a) of this subsection, upon
request of the defendant the court shall suspend the sentence for such offense
to allow the defendant forty-five (45) days to successfully complete not less
than four (4) hours of a court-approved traffic safety violator course at his
own cost. Upon successful completion by
the defendant of the course, the court shall set the conviction aside, dismiss
the prosecution and direct that the case be closed. The court on its own motion shall expunge the record of the
conviction, and the only record maintained thereafter shall be the nonpublic
record required under Section 63-9-17 solely for use by the courts in
determining an offender's eligibility under this subsection (3).

(c)
An out-of-state resident shall be allowed to complete a substantially
similar program in his home state, province or country provided the
requirements of this subsection (3) are met, except that the necessary valid
driver's license or permit shall be one issued by the home jurisdiction.

(d)
A court shall not approve a traffic safety violator course under this
subsection (3) that does not supply at least four (4) hours of instruction, an
instructor's manual setting forth an appropriate curriculum, student workbooks,
some scientifically verifiable analysis of the effectiveness of the curriculum
and provide minimum qualifications for instructors.

(e)
A court shall inform a defendant making inquiry or entering a personal
appearance of the provisions of this subsection (3).

(f)
The Department of Public Safety shall cause notice of the provisions of
this subsection (3) to be available on its official website.

(g)
Failure of a defendant to elect to come under the provisions of this
subsection (3) for whatever reason, in and of itself, shall not invalidate a
conviction.

(h)
No employee of the sentencing court shall personally benefit from a
defendant's attendance of a traffic safety violator course. Violation of this prohibition shall result
in termination of employment.

(i)
The additional fee of Ten Dollars ($10.00) imposed under this subsection
(3) shall be forwarded by the court clerk to the State Treasurer for deposit
into a special fund created in the State Treasury. Monies in the special fund may be expended by the Department of
Public Safety, upon legislative appropriation, to defray the costs incurred by
the department in maintaining the nonpublic record of persons who are eligible
for participation under the provisions of this subsection (3).

63-9-17.
(1) Every court shall keep a
full record of the proceedings of every case in which a person is charged with
any violation of law regulating the operation of vehicles on the highways,
streets or roads of this state.

(2)
Unless otherwise sooner required by law, within forty-five (45) days
after the conviction of a person upon a charge of violating any law regulating
the operation of vehicles on the highways, streets or roads of this state,
every court in which such conviction was had shall prepare and immediately
forward to the Department of Public Safety an abstract of the record of said
court covering the case in which said person was so convicted, which abstract
must be certified by the person so authorized to prepare the same to be true
and correct.

(3)
Said abstract must be made upon a form approved by the Department of
Public Safety, and shall include the name and address of the party charged, the
registration number of the vehicle involved, the nature of the offense, the
date of hearing, the plea, the judgment, and if the fine was satisfied by
prepayment or appearance bond forfeiture, and the amount of the fine or
forfeiture, as the case may be.

(4)
Every court shall also forward a like report to the Department of Public
Safety upon the conviction of any person of manslaughter or other felony in the
commission of which a vehicle was used.

(5)
Every court shall also forward a like report to the Department of Public
Safety after the satisfactory completion by a defendant of an approved traffic
safety violator course under Section 63-9-11, and the department shall make and
maintain a private, nonpublic record to be kept for a period of three (3)
years. The record shall be solely for
the use of the courts in determining eligibility under Section 63-9-11, as a
first-time offender, and shall not constitute a criminal record for the purpose
of private or administrative inquiry.
Reports forwarded to the Department of Public Safety under this
subsection shall be exempt from the provisions of the Mississippi Public Records
Act of 1983. * * *

(6)
The failure by refusal or neglect of any such judicial officer to comply
with any of the requirements of this section shall constitute misconduct in
office and shall be grounds for removal therefrom.

(7)
The Department of Public Safety shall keep copies of all abstracts
received hereunder for a period of three (3) years at its main office and the
same shall be open to public inspection during reasonable business hours. This subsection shall not apply to nonpublic
records maintained solely for the use of the courts in determining offender
eligibility.

SECTION
3. This act shall take effect and
be in force from and after July 1, 2004.